Contract – Settlement – Emails

Where (1) this court entered an order of dismissal without prejudice to any party to reopen the action within 30 days if a settlement was not consummated and (2) the plaintiff bank has moved to reopen the matter based upon its contention that the parties were unable to reach an enforceable agreement on material terms, the motion should be allowed despite the defendant’s contention that an Oct. 14, 2011 email from her counsel to the bank’s counsel constitutes an enforceable agreement between the parties.